DHSC, 'Liberty Protection Safeguards Newsletter: Draft LPS template forms' (8/7/22)
LPS forms Nine draft template forms: (1) referral for an IMCA; (2) mental capacity assessment; (3) medical assessment; (4) necessary and proportionate assessment; (5) submission for pre-authorisation review; (6) referral for an unscheduled review; (7) submission for renewal; (8) referral for final authorisation; (9) authorisation record.
8th July 2022
Dear LPS stakeholders,
Last month, we let you know that we were planning to publish a set of draft LPS template forms for operational use in England before the end of the consultation. Today, we are emailing you to share those template forms, which can be accessed by clicking the links in this email.
The template forms are designed to be used at key points in the LPS process when information needs to be transferred from one party to another. The template forms will also enable the recording of the LPS assessment information which will be required for authorisation.
It is important to distinguish these template forms from the data that Responsible Bodies will be required to report at a national level. The national reporting requirements are set out in the national minimum data set which is available in draft here alongside the consultation documents. Some items in the national minimum data set will not be covered in these templates and will be collected separately.
It also should be noted that these template forms will not be mandatory but may be useful to ensure that there is consistency in the information collected by Responsible Bodies.
The draft template forms we have developed are for operational use in England. Welsh Government have developed their own draft template forms (working with a Task and Finish Group) which they will share with stakeholders shortly.
We have produced a total of nine draft template forms to record relevant information at the following key points of the LPS process:
- Template 1 – referral for an IMCA
- Template 2 – mental capacity assessment
- Template 3 – medical assessment
- Template 4 – necessary and proportionate assessment
- Template 5 – submission for pre-authorisation review
- Template 6 – referral for an unscheduled review
- Template 7 – submission for renewal
- Template 8 – referral for final authorisation
- Template 9 – authorisation record
Please note that the template forms are currently in draft form, and we may make changes to the forms before the LPS come into effect. Once the template forms have been finalised, the final versions will be made available online ahead of implementation of the LPS.
The draft template forms should not be used to transfer information under the current DoLS system. Once the LPS are implemented, those using the template forms must ensure that they are collecting, storing and sharing information in line with data protection requirements and relevant law.
We are sharing the draft template forms predominantly for information purposes. However, if you would like to share any feedback on the draft template forms, please email email@example.com using the subject line ‘feedback on draft LPS template forms’.
We also wanted to remind you that the public consultation on proposed changes to the MCA Code of Practice, including guidance on the new system will be closing on Thursday 14th July 2022. You can find all of the consultation documents and respond via the online consultation survey by clicking here. [MHLO page]
As always, we welcome your feedback on the content of our regular newsletters and encourage you get in touch with us at firstname.lastname@example.org with any queries or comments. If this newsletter has been forwarded to you, and you’d like to be included on our LPS and DoLS mailing list, please contact the email address above – we will add you to it.
LPS policy team at DHSC
If you have received this newsletter directly, that’s because we think that you have shown an interest in receiving updates on the implementation of the LPS. You can unsubscribe at any point by emailing email@example.com